First Bank of Russell County v. Wells

Jack J. Hughes, Inc. (Builder) brought an action seeking reformation of a deed and mortgage against William R. Wells and his wife, Wanda Wells (Wells), and First Bank of Russell County. The Bank filed a cross-claim seeking reformation of the same deed and mortgage and also asked the court to establish a lien in its favor upon land and a house thereon owned by Wells and constructed by Builder.

The trial court refused to reform the deed and mortgage, but did establish a lien in favor of the Bank on the Wells' property upon which the house was constructed in the amount of $25,441.56 with interest…